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Hi my leasehold property has the following covenant
"Not at any time during the said term without the licence in writing of the Lessor first obtained ( such Licence not to be unreasonably withheld) to erect or place any additional building or erection on any part of the demised premises and not without such licence as aforesaid ( such licence not to be unreasonably withheld) to make any structural alternation in the plan or elevation of the maisonette herby demised or in any of the party walls or the principal or bearing walls or timbers thereof not construct any gateway or opening in ay of the fences bounding the demised premises"
I read this as
1. I can replace the windows provided i don't open up any more of the wall they are on to fit them - ie replace same size with same size and do not need consent do this
2. Taking down the ceilings ( its old wallpaper and plaster which is sagging and has been pentrated with years of heavy tabacoo smoke so needs doing ) will amount to altering a party wall and therefore will need consent - as will the insertion of the sound proofing material
3. as separate issue I guess I will need party wall consent for the ceiling as there is a flat above me
I wondered if there was any chance I could say ( rightfullly) that the ceiling work is " repair" and therefore I have to do it - and am obliged to do it - but guess it is also an alteration
all thoughts welcome
"Not at any time during the said term without the licence in writing of the Lessor first obtained ( such Licence not to be unreasonably withheld) to erect or place any additional building or erection on any part of the demised premises and not without such licence as aforesaid ( such licence not to be unreasonably withheld) to make any structural alternation in the plan or elevation of the maisonette herby demised or in any of the party walls or the principal or bearing walls or timbers thereof not construct any gateway or opening in ay of the fences bounding the demised premises"
I read this as
1. I can replace the windows provided i don't open up any more of the wall they are on to fit them - ie replace same size with same size and do not need consent do this
2. Taking down the ceilings ( its old wallpaper and plaster which is sagging and has been pentrated with years of heavy tabacoo smoke so needs doing ) will amount to altering a party wall and therefore will need consent - as will the insertion of the sound proofing material
3. as separate issue I guess I will need party wall consent for the ceiling as there is a flat above me
I wondered if there was any chance I could say ( rightfullly) that the ceiling work is " repair" and therefore I have to do it - and am obliged to do it - but guess it is also an alteration
all thoughts welcome
